A. Atmospheric temperature
B. Housing transfer information
C. Trademark use right
D. Government procurement behavior
Answer analysis: This question examines the object of legal relationship. According to regulations, the objects of legal relations include things, behaviors, personal interests and intellectual achievements. Atmospheric temperature cannot be controlled by the subject of legal relationship and does not belong to the object of legal relationship.
I. Background
Legal relationship is an inevitable part of social life and runs through all aspects of human society. As the object of legal relationship, it must meet certain conditions and requirements. Faced with more and more complex and diverse social problems, the law gradually began to regulate and protect objects with more modern value. Among them, atmospheric temperature, as a physical quantity, has attracted people's attention and discussion.
Second, the definition
Atmospheric temperature refers to the geometric average temperature of heat in the earth's atmosphere, so it can be regarded as a physical quantity. But from a legal point of view, atmospheric temperature does not belong to a specific material entity, and there are no independent entities and data parameters. Therefore, the atmospheric temperature cannot be regarded as the object of legal relationship.
Third, the content
(1) Not sure
The value of atmospheric temperature varies with time and space, so it is impossible to determine a fixed value. For example, the meteorological data collected at different times in the same city are actually different. The meteorological data in different places at the same time will be different. Therefore, it is impossible to determine the specific value of atmospheric temperature.
(2) There is no independent entity.
Atmospheric temperature has no independent entity, and it is usually used as a state variable in specific applications. Therefore, from a legal point of view, it lacks clear boundaries and object scope.
(3) Lack of operability
Atmospheric temperature is a physical quantity, which is often used in scientific research, weather forecast and other fields. But the object of legal relationship must be operable, that is, its parameters can be measured, calculated, monitored and recorded. However, the atmospheric temperature is not such a parameter.
Fourth, the legal significance.
Atmospheric temperature can not be the object of legal relationship, it has certain legal significance. First of all, it helps to eliminate the legal conflicts of disputes related to atmospheric temperature. Secondly, it is helpful to carry out scientific research and weather forecast. Finally, it also protects consumers from unnecessary harm, for example, due to overheated weather.
Verb (abbreviation of verb) conclusion
Although atmospheric temperature is a physical quantity, from a legal point of view, it cannot be the object of legal relationship. Because it has no independent entity, it is uncertain and lacks maneuverability. The law should emphasize the treatability, define the parameters of legal relationship, and effectively prevent related disputes.